1st Amendment 10/21/2020 ig �`A , Kevin Madok, CPA
i d`. )-
.
. r Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: October 26, 2020
TO: Kathy Peters, CP
County Attomey's Office
FROM: Pamela G. Han Ail/K.C.
SUBJECT: October 21'BOCC Meeting
Attached is an electronic copy of the following item for your handling:
C25 r Amendment to Legal Services Agreement with five law firms led by Morgan&
Morgan, outside counsel for litigation arising out of the opioid epidemic,to adjust the insurance
requirements in Paragraph 9.
Should you have any questions please feel free to contact me at (305) 292-3550.
cc: Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 330
305-294-4641 305-289-6027 305-852-7145 305-852-7145
FIRST AMENDMENT TO LEGAL SERVICES CONTRACT
THIS FIRST AMENDMENT("AMENDMENT") TO LEGAL SERVICES CONTRACT DATED MAY
23, 2018 ("AGREEMENT") is entered Into this 19th day of October 2020, by and between the
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS, hereinafter referred to as the BOCC,
and MORGAN & MORGAN, P.A., on behalf of and in collaboration with ROBBINS GELLER
RUDMAN& DOWN L.P., LIEFF CABRASER HEIMANN & BERNSTEIN, L.L.P., KOPELOWITZ OSTROW
FERGUSON WEISELBERG GILB, and HALICZER PETTIS&SCHWAMM, P.A. hereinafter collectively
referred to as the Attorneys.
WHEREAS,on May 23,2018,the BOCC entered into the Agreement with the Attorneys
pursuant to which the Attorneys have been representing the BOCC in class action multi-district
litigation;and
WHEREAS. Paragraph 9 of the Agreement states that the Attorneys shall provide
professional liability insurance in the amount of$5 million;and
WHEREAS, pursuant to the terms of the Monroe County Risk Management Policies and
Procedure Manual(RMPP),and based on the expected recovery in the case, professional
„ability Insurance in the amount of$1 million per incident and$2 million per occurrence is
sufficient,and the parties wish to revise the Agreement to revise the insurance coverage
amount;
NOW THEREFORE, IN CONSIDERATION of the mutual promises contained herein,the
parties agree as follows:
1. Paragraph 9(a)of the Agreement is revised in its entirety to read as follows:
a) The Attorneys agree to collectively maintain Professional Liability coverage with
the limits of liability provided by such policy no less than One Million Dollars($1
million) per claim and $2 Million Dollars($2 million)per occurrence in the
aggregate,unless otherwise approved in advance by the BOCC. The provision of
a certificate of insurance from any one of the firms representing the County in
this matter shall be sufficient.
2. In all other respects,the terms and conditions set forth in the Agreement remain in full
force and effect.
(Remainder of page intentionally left blank.)
1 ! Page
IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first
above written.
MORGAN&MORGAN,P.A.
Attest: dance Young By: 1 V
As to Morgan&Morgan the yLyr
ROBBINS GELLER RUDMAN&DOWD,LIP
Attest: By:
As to Robbins Geller For the Attorneys
LIEFF CABRASER HEIMANN&BERNSTEIN LIP.
Attest: By:
As to Lien Cabraser For the Attorneys
KOPELOWITZ OSTROW FERGUSON WEISELBERG
GILBERT
Attest: By:
As to Kopelowitz Ostrow For the Attorneys
HALICER PETTIS&SCHWAMM, P.A.
Attest: By:
As to Haliczer Pettis For the Attorneys
Attest: KEVIN MADOK, Clerk of Courts BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY,FLORIDA
By: By:
As Deputy Clerk Mayor,for the BOCC
Approved as to form and content:
Monroe County Attorneys Office
10-7-2020 2 1 F a g e
02.4140
IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first
above written.
MORGAN&MORGAN,P.A.
Attest: By:
As to Morgan&Morgan For the Attorneys
ROBBIT DMAN♦►DOWD,LLP
Attest: By: \1l'l'^
As to Robbins Geller For the Attorneys
LIEFF CABRASER HEIMANN& BERNSTEIN L.L.P.
Attest: By:
As to Ueff Cabraser For the Attorneys
KOPELOWFTZ OSTROW FERGUSON WEISELBERG
GILBERT
Attest By:.
As to xopelowez Ostrow For the Attorneys
HAUCZER PETTIS&SCHWAMM, P.A.
Attest: By:
As to Haliczer Penis For the Attorneys
Attest: KEVIN MADOK,Clerk of Courts BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY,FLORIDA
By: By:
As Deputy Clerk Mayor,for the BOCC
2IPage
IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first
above written.
MORGAN&MORGAN,P.A.
Attest: By:
As to Morgan&Morgan For the Attorneys
ROBBINS GELLER RUDMAN&DOWD,LLP
Attest: By:
As to Robbins Geller For the Attorneys
LIEFF CABRASER HEIMANN&BERNSTEIN LLP.
i )
t� r.
Attest: By l< �. .L .� .
As to uef cabraser ! For the Attorneys LL�
KOPELOWITI OSTROW FERGUSON WEISFLBERG
GILBERT
Attest: By:
As to Kopelowitr Ostrow For the Attorneys
HALICaER PETTIS&SCHWAMM,P.A.
Attest: By:
As to Haliaer Pettis For the Attorneys
Attest: KEVIN MADOK,Clerk of Courts BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY,FLORIDA
By: By:
As Deputy Clerk Mayor,for the BOCC
21Page
IN WITNESS WHEREOF,the parties have executed this Agreement the day and year tint
above written.
MORGAN&MORGAN,P.A.
Attest: ey:
As to Mo.p.a Mown For the Attorneys
ROBBINS GELLER RUDMAN&DOWD,UP
Attest: Br
As to Robbins Goner For the Attorneys
UEFF CABRASER HENAANN&BERNSTEIN LLP.
Attest By:
As to Ile!Gans For the Attorneys
KOPEIOWIROSTROW FERGUSON WEOEIBERG
...y... ���ys aaaa�yyyy������_�
Attest Sr N�>Fs:a�—n BY. Ri
As to Boyars/Its Gstrw Forthe Attorneys
!MOCKER PETTIS a SCIIWAMM,P.A.
Attest By:
As to WORT Pettis For the Attorneys
Attest: KEVIN MADOR,Clerk of Courts BOARD OF COUNTY CONNAISSIONERS OF
MONROE COUNTY,RORIDA
Br Br
As Deputy Clerk Mayor,for the BOCC
2l Page
Scanned with CamScanner
IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first
above written.
MORGAN&MORGAN,P.A.
Attest: By:
As to Morgan&Morgan For the Attorneys
ROBBINS GELLER RUDMAN&DOWD,LLP
Attest: By:
As to Robbins Geller For the Attorneys
UEFF CABRASER HEIMANN&BERNSTEIN L.I.P.
Attest: By:
As to Lief(Cabraser For the Attorneys
-- KOPELOWITZ OSTROW FERGUSON WEISELBERG
GILBERT
Attest: By:
As to Kopelowitz Ostrow For the Attorneys
HAUCZ - sr AMM,P •.
Attest; 4�QI�it V r ll t l�l'Y` tern )
As to Haliaer Pettis For the A 'rneys
Attest: KEVIN MADOK,Clerk of Courts BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY,FLORIDA
By: By:
As Deputy Clerk Mayor,for the BOCC
2IPage
IN WITNESS WHEREOF,the parties have executed this Agreement the day and year first
above written.
MORGAN&MORGAN,P.A.
Attest: By:
As to Morgan&Morgan For the Attorneys
ROBBINS GELLER RUDMAN &DOWD, LLP
Attest: By:
As to Robbins Geller For the Attorneys
LIEFF CABRASER HEIMANN&BERNSTEIN L.L.P.
Attest: By:
As to Lieff Cabraser For the Attorneys
KOPELOWITZ OSTROW FERGUSON WEISELBERG
GILBERT
Attest: By:
As to Kopelowita Ostrow For the Attorneys
HALICZER PETTIS&SCHWAMM,P.A.
Attest: By:
As to Haliaer Pettis For the Attorneys ' - o .1
N
f _ a CD
lt� ti
tt- EVIN MADOK,Clerk of Courts BOARD OF COUNTY COMMISSIONERS** i m:
s r MONROE COUN , FLORIDA 2
' �► � / N
ilkz‘;:ii; 1 SIS • By:
Pr As Deputy Clerk M r,for the BOCC
Heather Carruthers
APPROVAL AS TO FORM:
MM�ONROE COUNTY ATTORNEYS OFFICE
✓i•gat 2 I Page
i-w.IN MORGBMO-02 KBRUFFFTT
`/coRo CERTIFICATE OF LIABILITY INSURANCE °x 3; "
02020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTRUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER.AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder lean ADDITIONAL INSURED,the policy/1w)mint have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the tonne and conditions of the pancy,certain policies may require an endonemenL A statement on
this certificate doss not confer rights to the eartMeatto holder in lieu of such endorsements)
PRODOCOR Ur Larkin Flanagan
Thompson Flanagan 6 Company PHOIIE E.q: Ili.Ml:
620 W.Jackson Blvd.Sth Flow ---Chicago.IL 60081 MisEJganagar4thompsonflanagen.com
__ N6URRNIANORGWQOPIAMPA- _.—.__— HMC•
NWRERA:Columbia Casualty Company 31127
NSURE0 INwAER-_.CrumtForster Spedally.__...___ 41636_-_
The Morgan Firm.PA.dNla Morgan 6 Morgan,P.A. IMAM'c:Aspen Specialty Insurance Company 10717
20 N.Orange Avenue Imune o:Travelers Excess and Surplus Lines Company 29696
OUXndo,F0L
Orlando,FL 22801 NSURENE _
NaYREa F. -
• - RTIFI -TEN B R: VI- •NN Ft
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.
TIFF OF POLICIES LIMITS SHOWN MAYHAVE BEEN REDUCED BY PAID CLAIMS
A_r _I
EXCLUSIONS ANDCONDITIONSX
WIR __. .. III POLICY HOMER T . reR vI-... 'P MILS
A I cox EacNLGENERAL L Nun se. __.
I MR t4oe 68B862030 3/112020 31112021 PR i ryg6D Dgcey
X Professional Llab. MED nP _.
•
BKWIMI3 BifPERSCHAL A HIV mum, I
GENII AGGREGATE LIMIT AFHTIES PER. OErgANAwPFGA_S 1
V=Pir:t . PRODUCTS•COMP OP AGE 3
' • ER. Yxaw� 10 19/?0�0 Per CblmlAgg s 30,,000,000
WTCHOetE LLaILl1Y Irwel{yam •�/ ` yam —_ IC� •®SINGLE Linn 2
ANY AUTO Wee M� Y 'may, BWILY mum,(Per penPnl I$ -
AUTOSSCNLY Wry LED •^lgal* INJURYISCOILY Pp way S --
JI&ONLY "A34'09'bl€tc I PAD$FrogIraGE
E
B _uMBR4uLw GCC R ! ' EACH OCCURRENCE II
we Iexcess 1 PURj �LOL-10a0e1 • 3/112020 JItY!°21 W� -_
X toe RETENTION I •` _Kran _Li
�� Per CIaim/Agg ----20.000,000
waRµF Cpyl� y J F
AW EMvai VFR 'iwlLm STATUTE En
.LOT PROPRIE1 PARTNERESECUTIVE IY
LH_. NrA' EL FACHHSIDEM S
C pr SIJFIM AEIrywoED, EEL
Di -FA EMPLOYE I I•Mr
olpc Pros TIONOF°wEPATIOHS eel. .POLICY LIMIT
Excess Liability LXOOATF20 --- -"----311F2020 31112021 Per CIalm/Agg 25,000.000
D Excess iability 107154165 311/2020 3/1/2021 Per Claim/Agg 25.000.000
DESCRIPTON OF OPERATIONSILOCATIONS 1 VEHICLES IACG D so.AMM1bS fenW Ochedult sob era«,du..space Is l•MSMI
Tail Limit.:$100,000,0002100,000,000
Retention:$1,000,000 Each CNImI$2.000.000 Aggregate$250.000 Maintenance
This Insurance Is issued penwM to the Florida Surplus Lines law.Persons insured by Surplus Lines amen do not have the protection of the FlorId.
Insurance Guaranty Actin the exteM of any right of recovery for the obligation of en Insolvent unlicensed insurer.
CERTIFICATE HOLDER__ - CANCELLATION
SHOULD ANY ti THE EVE HEREOF. POLICIES UIL CBECDELED BEFOREIN
THE EDANCEWI DATE THEREOF. MOTILE WILL BE OELNERE° IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County BOCC AUTHORIZED REPnESENtATIYE
111112N sbtH,suite 408 (((yy/y���
Key West FL JJaO I
ACORD 25(2016/03) 01500-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID:MORGBMO-02 KBRUFFETT
LOC
ACORO•
ADDITIONAL REMARKS SCHEDULE Page 1 of I
AONCY I NAACO INURED
Thompson Flanagan S Company 20 Orange Avenue Morgan d Morgan,P.A.
POLICY INNER 'Orlando,FL 32801
SEE PAGE
CANED xwc c0or
SEE PAGE 1 ,SEE P 1 .nsl i, DM'SEE PAGE 1
ADDITIONAL REMARKS
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, •
FORM NUMBER: ACORD 25 FORM TITLE:Cements M W MNy Nwnnw
Program Overview
The primary layer is a quota-share policy between Columbia Casualty Company(CNA)(33.33%),Peleris Insurance Company(Argo
Pro)(15.67%),Gotham Insurance Company(ProSight)(16.87%),Endurance American Specialty Insurance Company(Sompo)
(16.67%),Scottsdale Insurance Company(Huntersure)(8.33%),and Everest Indemnity Insurance Company(8.33%).
The lit excess layer is a quota-share policy between Crum d Forster Specialty Insurance Company(50%)and OBE Specialty
Insurance Corporation(50%).
The 2nd excess layer Is a quota-share policy between Aspen Specialty Insurance Company(30%),Starr Surplus Lines Insurance
Company(40%),Indian Harbor Insurance Company(A)(A XL)(20%),and Interstate Fire&Casualty Company(Allianz)(10%).
The 3rd excess layer is a quotashare policy between Travelers Excess and Surplus Lines Company(40%).Evanston Insurance
Company(Markel)(20%),Gotham Insurance Company(ProSight)(20%).Everest Indemnity Insurance Company(10%)and Interstate
Fire S Casualty Company(Allianz)(10%).
Primary OS-G.N.A.-$IOW$10M pad of$30M1$30M
Primary OS-Argo•55M/S5M part of$30MIS30M
Primary OS-ProSight-$5MIS5M part of 330MI$30M
Primary OS-Sompo-$5M/56M part of SSMISSM
Primary OS-Huntersure•$2.6MI$2.SM part of S30M1$30M
Primary OS-Everest-$2.5MI52.5M pad of$30M1$30M
Excess OS-CIF-S10MIS10M part of 52060520M excess of 330M330M
Excess OS-OBE-510M/410M part of$20M/SZOM excess of$30MIf30M
Excess OS•Aspen-$7.5MIS7.5M part of$25M425M excess of$50MISSOM
Excess OS-Starr-$10M410M part of$25M/$25M excess of$50MIS5OM
Excess OS-AXA XL-$SMI$SM part of$25MIS25M excess of$5O1•V550M
Excess OS-Allianz-02.5M02.5M part of$258V525M excess of SSOM/SSOM
Excess OS-Travelers-$10M/$10M part of$25M425M excess of S75M/S75M
Excess OS-Markel-SSM/SSM part of S25M425M excess of$75MIST5M
Excess OS-ProSight•SSWVSSM part of S25Mf$25M excess of SmSM/$75M
Excess OS-Everest-$2.5MIS2.5M part of S25M425M excess of 575M/$75M
Excess OS-Allianz•$2.5M/$2.SM pert of$25M/$25M excess of$75MISTS141
ACORD 101(2001(01) ID 2008 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
From: customerservicei )certsonline.com
From:
From: customerservice certsonline.com
Subject: Upload Via Web
10-09-2020Attachment(s):MM_2020 COl_Monroe_County.pdf
Client Name: Monroe County Florida;Vendor Number: FX00000197;Vendor Name:
Morgan&Morgan ;Document Uploaded By:Jaclyn Flatt Risk Management/Certified
Paralegal ;Date Uploaded: 10/9/2020 12:35:00 PM;Comment: Current professional
liability 20-21